June 30, 2021
Agricultural Law Weekly Review – Week Ending June 25, 2021
Biofuels: U.S. Supreme Court Allows Non-Continuous Small Refinery Renewable Fuels Standard Blending Obligation Waiver Extensions 🌾
On June 25, 2021, the Supreme Court of the United States issued an opinion holding that a small refinery that previously received a waiver from Renewable Fuel Standard (RFS) blending obligations may still receive an “extension” of the waiver even if it did not acquire a continuous waiver in previous years and allowed a previous exemption to lapse. HollyFrontier Cheyenne Refining, LLC, et al., v. Renewable Fuels Association, et al., No. 20-472. The court found that the term “extension,” which is undefined in the Energy Policy Act of 2005 or the Energy Independence and Security Act of 2007 (42 U.S.C. §7545), does not require “unbroken continuity.”
Agricultural Labor: U.S. Supreme Court Finds California Union Access Regulation an Unconstitutional Per Se Taking
On June 23, 2021, the Supreme Court of the United States issued an opinion declaring unconstitutional a California state regulation allowing labor organizations access to property of agricultural employers. Cedar Point Nursery, et al. v. Victoria Hassid et al., No. 20-107. The suit, filed by two California producers, claimed that the regulation, which allowed union representative access their property up to three hours per day, 120 days per year, appropriated an easement without compensation in violation of the Fifth and Fourteenth Amendments of the U.S. Constitution. The court agreed, rejecting as “insupportable” the argument that the limited scope and duration of access, which does not “allow the public to access [the] property in a permanent and continuous manner for whatever reason,” establishes the regulation’s constitutionality. The Court stated that “the duration of the appropriation bears only on the amount of compensation [due].” The court found that the regulation “appropriates for the enjoyment of third parties the owners’ right to exclude,” which the Court emphasized is “a fundamental element of the property right . . . [not] an empty formality, subject to modification at the government’s pleasure.”
COVID-19: Federal Court Issues Preliminary Injunction Against Socially Disadvantaged Farmer Loan Forgiveness
On June 23, 2021, the U.S. District Court for the Middle District of Florida issued an order granting a preliminary injunction against USDA’s debt relief program for socially disadvantaged farmers and ranchers (SDFRs) under Section 1005 of the American Rescue Plan Act. Wynn v. Vilsack et al, No. 3:21-cv-00514. Despite the government’s claim of past discrimination; reports detailing barriers for SDFRs in obtaining financing, “including smaller farm sizes, weaker credit histories, and lack of clear title to land;” and demonstrated insufficiencies in USDA’s outreach efforts, the court found that the debt relief program was not connected to nor narrowly tailored to remedy any of USDA’s previous discrepancies, and stated that “[t]he Government has not connected SDFRs disproportionate delinquency status to actual discrimination by USDA outside of conclusory remarks made in support of the legislation.” Recently, the U.S. District Court for the Eastern District of Wisconsin issued a temporary restraining order against the debt relief program. For background, see ALWR—Week Ending June 11, 2021, “Federal Court Issues Temporary Restraining Order Against USDA Loan Forgiveness for Socially Disadvantaged Farmers.”
Agricultural Finance: D.C. Circuit Dismisses USDA Loan Guarantee Legal Challenge for Lack of Standing
On June 22, 2021, the U.S. Court of Appeals for the District of Columbia Circuit issued an opinion and judgment dismissing for lack of standing a case challenging a loan guarantee from the U.S. Department of Agriculture’s (USDA) Farm Service Agency (FSA) for the construction of a Maryland poultry farm. Food & Water Watch v. AGRI, et al, No. 20-05100. Plaintiffs Food & Water Watch (FWW), who brought the suit on behalf of its Maryland members claiming health and aesthetic injuries from the farm’s operations, alleged that FSA violated the National Environmental Policy Act (NEPA) and the Administrative Procedure Act (APA) by issuing a finding of no significant impact instead of a more detailed environmental impact statement. The court held that if the court were to vacate the loan guarantee, it would not remedy the alleged harm (the farm’s construction and operation) because FWW failed to establish that the without the guarantee the project would not be built, therefore, FWW failed to establish redressability.
Food Safety: Pennsylvania Plain Sect Farmer Found in Contempt in FSIS Enforcement Action
On June 16, 2021, the U.S. District Court for the Eastern District of Pennsylvania entered a finding of contempt of court against plain sect farmer Amos Miller of Lancaster County, Pennsylvania. United States v. Miller’s Organic Farm, No. 5:19-cv-01435. The United States brought suit against Miller in April 2019 after the U.S. Department of Agriculture’s (USDA) U.S. Food Safety and Inspection Service (FSIS) sent two letters to Miller in 2017 informing him that his activities were in violation of the Federal Meat Inspection and Poultry Products Inspection Act following the court’s enforcement of an FSIS subpoena in 2016 and ordering Miller to stop denying inspection access to the agency. In November 2019, the court issued a permanent injunction against Miller, prohibiting him from slaughtering livestock and poultry and requiring him to comply with FSIS guidelines. The finding arises from a June 9, 2021 order, issued in response to a motion filed by FSIS, requiring Miller to appear before the court and show cause why he should not be held in contempt for violation of the November 2019 injunction. After a hearing held on June 16, 2021, the court found Miller in contempt. On June 23, 2021, oral argument was held on the appropriate remedy for the contempt and on June 28, 2021, FSIS filed Proposed Findings of Fact and Conclusions of Law that summarizes the entire case in detail.
Animal Welfare: Colorado Supreme Court Strikes Proposed Ballot Initiative Prohibiting Artificial Insemination
On June 21, 2021, the Supreme Court of the State of Colorado issued an opinion striking from voter consideration a 2021–2022 ballot initiative approved by the state’s Title Board, Initiative 2021–2022 #16, titled “Protect Animals from Unnecessary Suffering and Exploitation.” The initiative, if approved by voters, would have ended certain livestock exemptions from the state’s animal cruelty statute and created a class 1 misdemeanor for the artificial insemination of livestock and all animals. The court found that Initiative 16 involved at least two subjects, thus violating the single-subject requirement for a Colorado ballot initiative. The court reversed the Board’s actions and returned the initiative to the Board with direction to return it to its proponents.
Water Quality: Iowa Supreme Court Rejects Public Trust Doctrine Theory to Impose Nitrogen and Phosphorous Controls for Raccoon River
On June 18, 2021, the Supreme Court of Iowa issued an opinion reversing and remanding for dismissal a state court suit seeking to compel the state of Iowa and its state agencies to require producers reduce nitrogen and phosphorus run-off in the Raccoon River under the infrequently-used common law “public trust doctrine.” Iowa Citizens For Community Improvement, and Food & Water Watch v. State of Iowa, et al., No. 19-1644. Based on the concept that the state is a steward of natural resources, the plaintiffs attempted to invoke the public trust doctrine, in the absence of a statutory basis, to compel mandatory court-ordered nitrogen and phosphorus reductions. The public trust doctrine is, for example, the basis for the common law rule that shoreline between the low and high tide marks belongs to the public. The attempt to break new ground in this Iowa case was not successful as the court found the harm claimed by the plaintiffs (higher drinking water costs, aesthetic and recreational use injuries) was too attenuated, the proposed remedy (imposing nitrogen and phosphorous controls) too “speculative” to redress the harm alleged, and the issue was a “nonjusticiable political question” which must be decided by other branches of government.
Antitrust: U.S. Senate Conducts Hearing on Beef Processing Consolidation and Pricing
On June 23, 2021, the U.S. Senate on Agriculture, Nutrition and Forestry conducted a legislative hearing titled Examining Markets, Transparency, and Prices from Cattle Producer to Consumer.” In the wake of recent calls for U.S. Department of Justice Antitrust Division investigations, North American Meat Industry (NAMI) submitted comprehensive comments in advance stating the processing industry’s perspective on price disparity between boxed beef and fed cattle over the last year and consolidation and processing capacity in only four processers accounting for approximately 85% of all U.S. processed beef. Testimony from the producer perspective included United States Cattlemen’s Association and Gardiner Angus Ranch from Overland, KS, and research and academic testimony was provided by experts from Kansas State University and University of Missouri. The hearing covered approximately 2.5 hours and is viewable here.
Food Labeling: Pennsylvania “Best By” or “Sell By” Milk Labeling Bill Delivered to Governor
On June 23, 2021, after both chambers of the Pennsylvania General Assembly concurred and signed it, SB 434, was presented to the Governor for signature. The bill revises Title 3 Agriculture) of Pennsylvania law by adding a new subchapter C to Chapter 57, Food Safety (not the Milk Sanitation Law), providing for milk “sell by” or “best by” date labeling. The law would allow milk processors to choose either a mandatory “sell by” date, or an alternative “best by” date label, both to be set no more than 17 days after pasteurization and both prohibiting sale after the date indicated. However, individual processers, for specific types of milk, may apply to the Pennsylvania Department of Agriculture (PDA) to be approved to label for a period longer than 17 days, with an accompanying approval, laboratory testing and continuing compliance process, that proves bacterial counts remain within regulatory limits. Exemptions from the entire new subchapter can be individually PDA-approved for ultra-pasteurized milk, cultured milk, aseptically processed milk, milk that has undergone higher heat shorter time pasteurization, and milk sold or offered for retail sale on the same premises at which it was processed.
Food Labeling: Vermont Law School Announces New “Labels Unwrapped” Website
On June 22, 2021, Vermont Law School’s Center for Agricultural and Food Systems, announced the roll-out of a new website titled “Labels Unwrapped,” at labelsunwrapped.org, containing consumer-oriented information on understanding label requirements and content across multiple commodity groups and federal statutes, as well as providing a research section and more in-depth information from other sources for food industry professionals. According to the Center, “While the Food and Drug Administration (FDA) has developed a resource intended to assist producers with compliance (see A Food Labeling Guide: Guidance for the Industry), the guide is intended for that audience. In turn, it is highly technical and doesn’t fully serve the needs of consumers and other audiences trying to make sense of food product labels. This site fills that gap by providing an easy-to-navigate and user-friendly resource to serve consumers, producers, and others working in the food label area.”
Center for Agricultural and Shale Law Programs & Resources:
Podcast: Penn State Agricultural Law Podcast, listen to our latest weekly episode here.
Penn State News, Research & Resources:
Biodiversity Seed Grants Support Innovative Collaborations Across Penn State (June 17, 2021).
Penn State to Partner with U. of Oklahoma on Severe Weather Research Institute (June 17, 2021).
Other Agricultural Law/Policy Resources of Interest:
Micah Brown, Legality of Minority Debt Relief Payments Called Into Question (June 23, 2021).
Nicole Cook, Debt Relief Payments to “Socially Disadvantaged” Farmers On Hold Pending Lawsuit By White Farmers (June 22, 2021).
Kristine A. Tidgren, Iowa Supreme Court Dismisses Lawsuit Requesting Mandatory Agricultural Pollution Controls (June 23, 2021).
Brigit Rollins, Court Sets Aside Pesticide Registration For ESA Violations (June 17, 2021).
Roger A. McEowen, Trouble With ARPA (June 20, 2021).
Roger A. McEowen, No Expansion of Public Trust Doctrine in Iowa – Big Implications for Agriculture (June 23, 2021).
Roger A. McEowen, Key “Takings” Decision from SCOTUS Involving Ag Businesses (June 24, 2021).
Peggy Kirk Hall, It’s time to talk about noxious weeds law (June 24, 2021).
Tiffany Lashmet, Amendments to Texas Farm Animal Liability Act Effective September 1 (June 21, 2021).
Hoard’s Dairyman, Farmers received only 30 cents from every $1 spent (June 21, 2021)
Agricultural Economic Insights, Carbon Markets: Many Questions and Few Answers (June 21, 2021)
Farmdoc Daily, Projected 2020 Commodity Title Payments, June 22, 2021
NMPF, June 2020 Dairy Market Report (June 2021)
Weekly Feature Graphics
USDA/ERS, Price Spreads from Farm to Consumer
USDA Economic Research Service, Average age of hired farm workforce increased from 2006 to 2019 (June 14, 2021)
AGENCY PRESS RELEASES—STATE/FEDERAL
Pennsylvania Department of Agriculture Press Releases:
Pennsylvania Invests $5.1 Million In Future Of Agriculture, Safeguards 2,305 Acres On 30 Farms (June 17, 2021).
Managing Spotted Lanternfly In Pennsylvania: A Collective Responsibility, An Opportunity To Capitalize On For PA Businesses (June 22, 2021).
Department Of Agriculture Funds Specialty Crop Projects To Increase Market Opportunities For Pennsylvania Growers (June 25, 2021).
U.S. Department of Agriculture (USDA) Press Releases:
Statement from Agriculture Secretary Tom Vilsack on Organic Livestock and Poultry Practices Final Rule (June 17, 2021).
Led by USDA, U.S. to Join Global School Meals Coalition (June 21, 2021).
Agriculture Secretary Tom Vilsack Issues USDA Proclamation Recognizing National Pollinator Week (June 21, 2021).
USDA Invests $55.2 million in Grants to Increase Capacity and Expand Access in Meat and Poultry Inspection Operations (June 21, 2021).
USDA Invests $185 Million to Improve Rural Community Facilities and Essential Services in 32 States (June 23, 2021).
USDA Releases Study on Hurdles to Healthy Eating on SNAP (June 23, 2021).
Biden-Harris Administration Extends Foreclosure Moratorium to Provide Relief to Homeowners (June 24, 2021).
Biden-Harris Administration Extends Moratorium of Residential Evictions in USDA Multifamily Housing Communities in Accordance with CDC Guidance (June 24, 2021).
USDA Assists Farmers, Ranchers, and Communities Affected by Tropical Storm Claudette (June 24, 2021).
USDA, FCC, and NTIA Announce Interagency Agreement to Coordinate Broadband Funding Deployment (June 25, 2021).
USDA Agency Press Releases:
Agricultural Marketing Service
USDA Announces Changes to Lentil Standards (June 23, 2021).
USDA Announces the National Sheep Industry Improvement Center is Accepting Grant Proposals(June 23, 2021).
USDA Announces Changes to Split Pea Standards(June 23, 2021).
USDA Reminds Regulated Entities of Tools to Support Compliance with the National Bioengineered Food Disclosure Standard (June 24, 2021).
Agricultural Research Service
Pollens to Fit A Honey Bee’s Every Season (June 21, 2021).
Study Shows Amygdalin In Almond Nectar Can Reduce Viruses And Gut Parasites In Honey Bees(June 22, 2021).
Four Nutrients in Flower Pollens Improve Honey Bee Gut Health (June 23, 2021).
Scientists Serve Up Vaccine Cocktail for Protecting Cattle from Disease (June 24, 2021).
Animal and Plant Health Inspection Service
APHIS Removes Zones BB and W from the Giant African Snail (Lissachatina fulica, formally Achatina fulica) List of Regulated Areas (June 21, 2021).
APHIS Adds Plant Taxa to the Not Authorized Pending Pest Risk Analysis (NAPPRA) List in a Final Notice Effective July 2, 2021(June 24, 2021).
Updated Plant-Trait-Mechanism of Action Table Available (June 24, 2021).
APHIS Preliminary Concurrence with World Organisation for Animal Health on Bovine Spongiform Encephalopathy Risk Designation (June 24, 2021).
APHIS Announces Availability of Final Environmental Assessment and Finding of No Significant Impact for Importing Plants in Approved Growing Media (June 25, 2021).
Availability of Preliminary Environmental Documents for Petition to Deregulate Corn Developed Using Genetic Engineering (June 23, 2021).
USDA Proposes to Implement Contingency Planning Regulations for the Handling of Animals During Emergencies (June 23, 2021).
Farm Service Agency
Farm Service Agency Now Accepting Nominations for County Committee Members (June 22, 2021).
Food Safety and Inspection Service
Constituent Update: USDA Invests $55.2 million in Grants to Increase Capacity and Expand Access in Meat and Poultry Inspection Operations (June 25, 2021).
Foreign Agricultural Service
Private Exporters Report Sales Activity for China and Unknown Destinations (June 21, 2021).
Private Exporters Report Sales Activity for China (June 23, 2021).
Private Exporters Report Sales Activity for China and Unknown Destinations (June 24, 2021).
Private Exporters Report Sales Activity for Mexico (June 25, 2021).
Correction: Private Exporters Report Sales Activity for Mexico (June 25, 2021).
National Agricultural Statistics Service
Agricultural Statistics Board Briefing: Quarterly Hogs and Pigs (June 24, 2021).
United States hog inventory down 2% (June 24, 2021).
Natural Resources Conservation Service
USDA to Invest $5 Million in Wetland Mitigation Banks (June 16, 2021).
USDA to Invest $10 Million to Support Climate-Smart Agriculture and Forestry through Voluntary Conservation (June 24, 2021).
STATE ACTIONS—EXECUTIVE/LEGISLATIVE
Pennsylvania Executive Agencies (Pa. Bulletin Vol. 51, No. 26—June 26, 2021):
Department of Environmental Protection
51 Pa.B. 3476 “The Pennsylvania Clean Streams Law And The Federal Clean Water Act: Applications For National Pollutant Discharge Elimination System (NPDES) Permits And Water Quality Management (WQM) Permits Under The Clean Streams Law And Federal Clean Water Act”.
51 Pa.B. 3549 “Availability of Technical Guidance [Air Quality Permit Exemptions, Certification for Corps Nationwide Permits].”
51 Pa.B. 3549 “Draft Revised Water Quality Assessment Methodology; Available for Public Comment.”
51 Pa.B. 3550 “Final Assessment and Strategy of Pennsylvania’s Coastal Resources Management Program under Section 309 of the Coastal Zone Management Act.”
Milk Marketing Board
51 Pa.B. 3579 “Sunshine Meeting Venue Change.”
51 Pa.B. 3579 “Sunshine Meetings for Fiscal Year 2021-2022.”
State Conservation Commission
51 Pa.B. 3585 “Action on Odor Management Plans for Concentrated Animal Operations and Concentrated Animal Feeding Operations and Volunteers Complying with the Commonwealth’s Facility Odor Management Program.”
Pennsylvania Legislature
Presented to Governor
SB 120 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in size, weight and load, further providing for conditions of permits and security for damages.” Signed by the Governor—Act No. 22 (June 25, 2021).
SB 434 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, providing for milk sell by date and best by date labeling.” Presented to the Governor (June 23, 2021).
Legislation in Second Chamber:
HB 1302 “An Act amending . . . the Solid Waste Management Act, in general provisions, further providing for powers and duties of the department.” Referred to Environmental Resources and Energy [Senate] (June 23, 2021).
HB 101 “An Act providing for limited civil liability for agritourism activity providers, for notice of limited civil liability and for acknowledgment of limited civil liability.” Signed in Senate [Senate] (June 25, 2021).
HB 1232 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in fees, further providing for annual hauling permits; and, in size, weight and load, further providing for conditions of permits and security for damages and providing for permit for movement of agricultural liming material, agricultural seed or fertilizer.” Referred to Transportation [Senate] (June 25, 2021).
HB 523 “An Act amending . . . the General Road Law, further providing for repair of private roads and providing for definitions [Maintenance Agreements for Private Roads].” Re-reported as committed [Senate] (June 25, 2021).
House Legislation:
HB 1658 “An Act amending Title 74 (Transportation) of the Pennsylvania Consolidated Statutes, in public utility facilities, further providing for adjustment [Financial Relief for Rural Landlines].” Re-committed to Rules [House] (June 22, 2021).
HB 591 “[NPDES Permit Program] An Act amending . . . The Clean Streams Law, in other pollutions and potential pollution, further providing for potential pollution.” Re-committed to Appropriations [House] (June 22, 2021).
HB 385 “An Act amending . . . the Tax Reform Code of 1971, in personal income tax, further providing for classes of income [Exempting Paycheck Protection Loans from State Income Tax].” Removed from table [House] (June 23, 2021).
HB 604 “An Act amending . . . The Administrative Code of 1929, providing for environmental permits and plan approvals; making related repeals; and abrogating regulations [Transparent Framework for DEP Permit Decisions, Predictability].” Re-committed to Rules [House] (June 23, 2021).
HB 1377 “An Act amending . . . the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act, in keystone opportunity zones, providing for zone relocation.” Re-committed to Appropriations [House] (June 23, 2021).
HB 1692 “An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for retail food facility and employee cleanliness.” Referred to Agriculture and Rural Affairs [House] (June 24, 2021).
HB 1694 “[Amending the Recreational Use of Land and Water Act (RULWA)] An Act amending the act . . . entitled “An act encouraging landowners to make land and water areas available to the public for recreational purposes by limiting liability in connection therewith, and repealing certain acts,” further providing for title of act, for definitions, for duty to keep premises safe and warning and for assurance of safe premises and duty of care and responsibility and liability.” Referred to Tourism and Recreational Development [House] (June 24, 2021).
HB 1702 “An Act providing for an annual revenue sharing program for municipalities relating to tax-exempt real property; establishing the Tax-exempt Property Municipal Assistance Fund; imposing powers and duties on the Department of Community and Economic Development; and making an inconsistent repeal.” Referred to Local Government [House] (June 24, 2021).
Senate Legislation:
SB 717 “An Act amending . . . the Environmental Hearing Board Act, further providing for definitions and for jurisdiction [Improving the Permit Appeals Process].” First consideration [Senate] (June 23, 2021).
SB 718 “An Act amending the . . . the Environmental Hearing Board Act, further providing for Environmental Hearing Board [Improving the Permit Appeals Process].” First consideration [Senate] (June 23, 2021).
SB 725 “An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in licensing of drivers, further providing for classes of licenses; and in commercial drivers, further providing for requirement for commercial driver’s license [Clarification of Legislative Intent – Exemption for Farmers from CDL Requirements].” Removed from table [Senate] (June 25, 2021).
S.Res. 139 “A Resolution urging the (EPA) to exercise its authority . . . to revise the nationwide Renewable Fuel Standard (“RFS”) updating volume mandates to provide relief to refiners in Pennsylvania, the East Coast and elsewhere. . . .” Adopted (47-3) [Senate] (June 24, 2021).
FEDERAL ACTIONS—EXECUTIVE/LEGISLATIVE
Federal Executive Agencies (Federal Register June 21–25, 2021):
Agriculture Department
86 FR 33206 Notice, comments accepted: “Submission for OMB Review; Comment Request [Animal & Plant Health Inspection Service: Importation of Poultry Meat and Other Poultry Products from Sinaloa and Sonora, Mexico; Poultry and Pork Transiting the United States from Mexico]” (June 24, 2021).
86 FR 33207 Notice, comments accepted: “Submission for OMB Review; Comment Request [Natural Resources Conservation Service: Long Term Contracting]” (June 24, 2021).
Agricultural Marketing Service
86 FR 32721 Final rule: “Walnuts Grown in California; Decreased Assessment Rate” (June 23, 2021).
86 FR 32882 Notice: “Submission for OMB Review; Comment Request [Forest Service: Small Business Timber Set-Aside Program: Appeal Procedures on Recomputation of Shares]” (June 23, 2021).
86 FR 33491 Final Rule: “Mango Promotion, Research and Information Order; Removal of Frozen Mangos” (June 25, 2021).
86 FR 33479 Final Rule: “National Organic Program: Amendments to the National List of Allowed and Prohibited Substances per April 2019 NOSB Recommendations (Livestock and Handling)” (June 25, 2021).
86 FR 33633 Notice: “Request for Peanut Standards Board Nominations” (June 25, 2021).
86 FR 33633 Notice: “Solicitation of Nominations for Members of the USDA Grain Inspection Advisory Committee” (June 25, 2021).
Animal and Plant Health Inspection Service
86 FR 33208 Notice—Comment Period: “Agrivida, Inc.; Availability of a Draft Plant Pest Risk Assessment, Draft Environmental Assessment, Preliminary Determination, and Preliminary Finding of No Significant Impact for Determination of Nonregulated Status of Maize Developed Using Genetic Engineering for the Production of Phytase Enzyme” (June 24, 2021).
86 FR 33567 Proposed Rule—Comment Period: “Handling of Animals; Contingency Plans” (June 25, 2021).
86 FR 33635 Notice—Comment Period: “Concurrence With OIE Risk Designation for Bovine Spongiform Encephalopathy” (June 25, 2021).
86 FR 33634 Notice: “Importation of Plants in Approved Growing Media Into the United States; Availability of a Final Environmental Assessment and Finding of No Significant Impact” (June 25, 2021).
Centers for Disease Control and Prevention
86 FR 33296 Notice—Comment Period: “Needs and Challenges in Personal Protective Equipment (PPE) Use for Underserved User Populations” (June 24, 2021).
Environmental Protection Agency
86 FR 32371 Notice: “Pesticide Product Registration; Receipt of Applications for New Active Ingredients-June 2021” (June 21, 2021).
86 FR 32370 Notice: “Pesticide Experimental Use Permit; Receipt of Application; Comment Request-June 2021” (June 21, 2021).
86 FR 32920 Notice—Comment Period: “Pesticide Product Registration; Receipt of Applications for New Uses-June 2021” (June 23, 2021).
86 FR 32926 Notice: “Pesticide Program Dialogue Committee; Request for Nominations to the Pesticide Program Dialogue Committee” (June 23, 2021).
86 FR 32922 Notice—Comment Period: “Atrazine, Simazine, and Malathion; Notice of Receipt of Requests to Voluntarily Cancel Certain Pesticide Registrations and/or Amend Registrations To Terminate Certain Uses” (June 23, 2021).
Federal Crop Insurance Corporation
86 FR 33081 Final Rule, comments requested: “Common Crop Insurance Regulations; Dry Pea Crop Insurance Provisions and Dry Beans Crop Insurance Provisions” (June 24, 2021).
86 FR 33209 Notice—Comment Period: “Notice of Request for Renewal and Revision of the Currently Approved Information Collection” (June 24, 2021).
86 FR 33485 Final Rule, comments requested: “Common Crop Insurance Regulations; Small Grains Crop Insurance Provisions” (June 25, 2021).
Fish and Wildlife Service
86 FR 32857 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Reclassification of the Hawaiian Stilt From Endangered to Threatened With a Section 4(d) Rule” (June 23, 2021).
86 FR 32859 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Reclassifying the Fender’s Blue Butterfly From Endangered to Threatened With a Section 4(d) Rule” (June 23, 2021).
86 FR 32968 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for the Alaska-Breeding Population of Steller’s Eider, First Revision” (June 23, 2021).
86 FR 32965 Notice—Comment Period: “Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews for 37 Southeastern Species” (June 23, 2021).
86 FR 33613 Proposed Rule—Comment Period: “Endangered and Threatened Wildlife and Plants; Revision of a Nonessential Experimental Population of Black-Footed Ferrets (Mustela nigripes) in the Southwest” (June 25, 2021).
86 FR 33726 Notice: “Endangered and Threatened Wildlife and Plants; Initiation of 5-Year Status Reviews for 77 Species in Oregon, Washington, Idaho, and Hawaii” (June 25, 2021).
Food Safety and Inspection Service
86 FR 33085 Final Rule: “Elimination of the Requirement To Defibrinate Livestock Blood Saved as an Edible Product” (June 24, 2021).
Rural Business-Cooperative Service
86 FR 32882 Notice—Comment Period: “Inviting Applications for Socially Disadvantaged Groups Grants” (June 23, 2021).
Small Business Administration
86 FR 33806 Notice: “Presidential Declaration Amendment of a Major Disaster for the State of Kentucky [Severe Storms, Flooding, Landslides, and Mudslides]” (June 25, 2021).
U.S. Customs and Border Protection
86 FR 32764 Rule: “Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada” (June 23, 2021).
86 FR 32766 Rule: “Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico” (June 23, 2021).
U.S. House Agriculture Committee
H.R.2789 “To direct the Secretary of Veterans Affairs to administer a pilot program to employ veterans in positions that relate to conservation and resource management activities.” Referred to the Subcommittee on Conservation and Forestry (June 21, 2021).
H.R.2791 “Renewable Energy for Puerto Rico and the U.S. Virgin Islands Act” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (June 21, 2021).
H.R.2816 “Legacy Roads and Trails Act” Referred to the Subcommittee on Conservation and Forestry (June 21, 2021).
H.R.2840 “Puppy Protection Act of 2021” Referred to the Subcommittee on Livestock and Foreign Agriculture (June 21, 2021).
H.R.2918 “Continuous Improvement and Accountability in Organic Standards Act” Referred to the Subcommittee on Biotechnology, Horticulture, and Research (June 21, 2021).
H.R.2989 “Financial Transparency Act of 2021” Referred to the Subcommittee on Commodity Exchanges, Energy, and Credit (June 21, 2021).
H.R.4077 “To amend the Food and Nutrition Act of 2008 to require that supplemental nutrition assistance program benefits be calculated using the value of the low-cost food plan, and for other purposes.” Referred to the House Committee on Agriculture (June 23, 2021).
H.R.4079 “To direct the Administrator of the Environmental Protection Agency to take certain actions related to pesticides that may affect pollinators, and for other purposes.” Referred to the House Committee on Agriculture (June 23, 2021).
H.R.4082 “To prevent catastrophic wildland fires by establishing a commission to study and recommend wildland fire prevention, mitigation, suppression, management, and rehabilitation policies for the Federal Government, and for other purposes.” Referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Armed Services, and Agriculture (June 23, 2021).
H.R.4103 “To amend the Packers and Stockyards Act, 1921, to establish the Office of the Special Investigator for Competition Matters, and for other purposes.” Referred to the House Committee on Agriculture (June 23, 2021).
H.R.4140 “To make improvements with respect to the pricing of cattle in the United States, and for other purposes.” Referred to the House Committee on Agriculture (June 24, 2021).
H.R.4162 “To amend the Farm Security and Rural Investment Act of 2002 to improve the Rural Energy for America Program, and for other purposes.” Referred to the House Committee on Agriculture (June 24, 2021).
H.R.4169 “To increase market access for black farmers and socially disadvantaged farmers and ranchers, to ensure civil rights accountability, and for other purposes.” Referred to the Committee on Agriculture, and in addition to the Committee on Ways and Means (June 25, 2021).
H.R.4180 “To amend the Animal Welfare Act to direct the Secretary of Agriculture to award grants to support the microchipping of dogs and cats in the care of animal shelters or similar establishments, and for other purposes.” Referred to the House Committee on Agriculture (June 25, 2021).
U.S. Senate Committee Agriculture, Nutrition, and Forestry:
S.2192 “A bill to amend the Food and Nutrition Act of 2008 to require that supplemental nutrition assistance program benefits be calculated using the value of the low-cost food plan, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (June 23, 2021).
S.2219 “A bill to amend the Agricultural Act of 2014 to repeal the forfeiture rule for peanuts under the nonrecourse marketing assistance loan program, prohibit the use of Federal funds for certain activities, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (June 24, 2021).
S.2223 “A bill to amend the Farm Security and Rural Investment Act of 2002 to improve assistance to community wood facilities, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (June 24, 2021).
S.2243 “A bill to amend the Farm Security and Rural Investment Act of 2002 to improve the Rural Energy for America Program, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (June 24, 2021).
S.2271 “A bill to amend the Farm Security and Rural Investment Act of 2002 to provide grants for eligible entities for activities designed to expand the sales and use of biofuels derived from agricultural feedstocks produced in the United States, and for other purposes.” Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry (June 24, 2021).
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Top #AgLaw HotLinks June 21–25, 2021
USDA Seeks Public Input for Racial Justice and Equity, Vilsack Responds to Minority Debt Lawsuits, Brownfield
Senators Declare Dairy Month, Brownfield
Colorado Supreme Court Blocks Pause Act from Proceeding, Brownfield
AFBF to Congress: Find Cause of Cattle Market Imbalance, Brownfield
Penn State’s Ag Progress Days Expo Returns, In-Person, Aug. 10-12, Penn State
Stung by Pandemic and JBS Cyberattack, U.S. Ranchers Build New Beef Plants, Reuters
Beef Supply Chain Emissions Can be Reduced by More Than 30% by 2030, Feedstuffs
The Numbers Show It—U.S. Dairy is Growing Globally, National Milk Producers Federation
Ethanol Outlook Promising After Brutal Last Two Years, Farm Progress
Spotted Lanternfly Found in Another W.Va. County, Farm and Dairy
Subscribe to the Pennsylvania Farm Employers’ Listserv (PFEL), an email networking and resource-sharing group about human resources topics exclusively for agricultural operations and producers, by sending an email with “subscribe” in the subject line to pfel-subscribe-request@lists.psu.edu.
Written by:
Audry Thompson—Research Assistant
Brook Duer—Staff Attorney
